By Bob Katzen
The Senate approved legislation that would establish serious criminal penalties for fire code and building code violations that cause the injury or death of a firefighter, construction worker or any member of the public. The measure was first proposed after the March 2014 deaths of firefighters Edward Walsh and Michael Kennedy who perished while fighting a fire that was caused by welders, working without a city permit, on a building next door to the brownstone in which they died.
Provisions include a sentence of up to ten years in state prison and a fine of up to $500,000 if a person commits certain violations of the state fire code or building code that cause a death; up to five years in prison and a fine of up to $250,000 if the violation causes serious bodily injury; enhancement of the penalty for violations of the state fire prevention law related to hot work, increasing the fine for a first offense to $1,000 from the current $100 fine. Third and subsequent offenses for hot work violations could be penalized with up to 2.5 years in a house of correction and a share of the building project’s total value.
Other provisions require the Department of Fire Services to administer an accessible electronic database that can be used to check a worker’s status; and require the establishment of a system of public notification and recording of non-compliance with regulations.
The measure also codifies standards for the training and certification programs used to prepare people for hot work, cutting and welding processes. It requires initial training to be in person, with subsequent annual continued-education programming to be either online or in person.
“This legislation is an important step toward setting clear standards for this dangerous work, strengthening accountability and creating stronger incentives to put safety first,” said Sen. Nick Collins (D-South Boston). “We learned from past tragedies, and we have a responsibility to carry those lessons forward to better protect workers, firefighters and the neighborhoods where this work is taking place.”
“This is about justice,” said Sen. Will Brownsberger (D-Belmont). “Carelessness can kill people. Everyone needs to know that there will be consequences when safety rules are recklessly ignored.”
“Lt. Walsh and Firefighter Kennedy’s lives were tragically cut short because someone chose to cut a corner,” said Senate President Karen Spilka (D-Ashland). “Absolutely no one should lose a parent, spouse or loved one because fire code was not followed, and this bill makes clear that we will hold people accountable if they ignore safety rules and put other people in danger.”
The House has approved a different version of the measure and the Senate version now goes to the House for consideration. Rep. Dan Ryan (D-Charlestown), the sponsor of the House version of the bill, did not respond to repeated requests by Beacon Hill Roll Call asking him to comment on Senate passage of its proposal.